Divorce is a common legal process, but there is a lot of misinformation out there, even from people who have gone through it before. Here are a few of the most common divorce myths and the truths in Minnesota law behind them.
MYTH: You should never leave the marital home as you could risk your ownership.
There is a common misconception that leaving the marital home could be considered abandoning the property or even the family. This is not the case—a person does not give up equity in a home by moving out. You also do not hurt your chances of keeping the home after the divorce if you move out, especially if there are concerns such as domestic violence.
MYTH: Legal separations are both common and required.
While you might unofficially separate, there is no need to legally separate before the divorce. Legal separation is actually rather rare as a precursor to divorce.
MYTH: The party that starts the divorce has an advantage.
It is common for divorcing spouse to believe courts will favor the petitioning spouse that files the initial paperwork. However, the petitioner does not have any legal rights or advantage over the respondent spouse. The only potential advantage would be the petitioner determining the location of the divorce if both parties live in different counties. Even then, the respondent still is allowed to request a change of venue.
MYTH: Higher asset divorces result in higher attorney fees.
The size of the estate does not have to corelate with the expense of the divorce. What’s more likely to have an effect on expense is how well the divorcing spouses are able to communicate with each other and work through their issues. The more fighting that occurs and the longer the process takes, the more the parties will have to pay their attorneys. Spouses that work through their issues quickly save a lot of money, even if they have significant assets.
To learn more about divorce in Minnesota and to get the truth behind some common misconceptions, contact a trusted attorney at Appelhof, Pfeifer & Hart, P.A.
